SmokeaCali Terms of Use

This site is owned and operated by SmokeaCali LLC. Throughout the site, the terms “SmokeaCali,” “we,” “us” and “our” refer to SmokeaCali LLC. SmokeaCali provides this website, including all information, tools and services available from this website, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of the website constitutes your agreement to all such terms, conditions, policies and notices. By accepting these Terms of Use through your use of the site, you certify that you are 18 years of age or older.

Electronic Communications
Anytime you send SmokeaCali an e-mail, or login onto our website, you are communicating with us in an electronic format. This gives SmokeaCali permission to communicate back to you in the same electronic format, either by e-mail or text written on our website. With this, we both mutually agree that any contracts, agreements, disclosures or notices, or any other communication that is provided to you by SmokeaCali satisfies all legal notification requirements.

External Links
This site may include links to other sites and are provided as a convenience to you as a way to obtain access to the information contained therein. We are not responsible for the content of any other sites or any products or services that may be offered through other sites. Third-party sites may contain information with which SmokeaCali may or may not agree. Links to other sites should not be viewed as an endorsement of the content of those sites. Different terms and conditions may apply to your use of any linked sites.

Information on This Site
SmokeaCali is not responsible if information available on this site is inaccurate, incomplete or outdated. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

Use of Material
This site (including but not limited to software, files, graphics and data found on the site) is the property of and owned by SmokeaCali LLC or its licensors and is protected by copyright, trademark and other laws of the United States and other countries. You may display and electronically copy, download and print hard copy versions of the material contained on the site for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you copy, download or print. When you display, copy, download or print any material on or from the site, it is provided to you by SmokeaCali LLC or its licensors under a license that is revocable. SmokeaCali LLC and its licensors retain full and complete title to the material and to any and all of the associated intellectual property rights. Any other use of the material on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, is expressly prohibited.

Material You Submit
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.

If you do submit material, and unless we indicate otherwise, you grant SmokeaCali LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant SmokeaCali LLC and its affiliates the right to use the name you submit in connection with such content, if they so choose. All personal information provided via this website will be handled in accordance with the site’s online Privacy Statement. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SmokeaCali LLC and its affiliates for all claims resulting from content you supply.

Trademarks and Copyrights
This site features trademarks, service marks and logos that are the property of SmokeaCali LLC and its affiliates or licensors. The site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner. This site and all of its contents including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Intellectual Property Rights
We respect the intellectual property rights of others and request that our visitors do the same. Pursuant to Section 512(c) of the Digital Millennium Copyright Act (DMCA), Title 17, United States Code, a copyright owner or its authorized agent may submit a notification for believed copyright infringement based on material that is residing on the SmokeaCali network.

Your Account
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. SmokeaCali.com only sells to smoking adults, meeting the legal smoking age for their respective state, who own and can purchase with a credit card. If you are under 18, or the legal smoking age in your state, SmokeaCali and our affiliates will refuse service, terminate all of your accounts, remove or edit content, or cancel orders immediately.

Risk of Loss
All items purchased from SmokeaCali.com, SmokeaCali retail locations, SmokeaCali distributors or SmokeaCali affiliates are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

Product Descriptions
SmokeaCali LLC and its affiliates attempt to be as accurate as possible when posting descriptions of our products. However, SmokeaCali.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

Pricing
Except where noted otherwise, the prices displayed for SmokaCali products represent the full suggested retail price. Where an item is offered for sale by one of our merchants, independent sales representative or distribution agents, the price may be modified by that merchant.

With respect to items sold by SmokeaCali.com, we cannot confirm the price of an item until you register online and complete an online order form; however, we do NOT charge your credit card until after your order has entered the shipping process. 

Please note that this policy applies only to SmokeaCali products sold on the site and shipped by SmokeaCali or its affiliates. If a third-party site quotes prices different from SmokeaCali.com, your sole remedy is to contact the third-party site to settle any dispute.

Copyright Infringement Claims
If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:

SmokeaCali LLC
330 W 11th St. #402
Los Angeles, CA 90015
1-323-786-9972 office
1-323-786-9973 fax
E-mail (customerservice@smokeacali.com)

DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. SMOKEACALI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMOKEACALI OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. SMOKEACALI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER SMOKEACALI, NOR ANY OF ITS AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification
You agree to indemnify, defend and hold harmless SmokeaCali LLC and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

Jurisdiction
The SmokeaCali site is operated in the United States. The laws of the State of California govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in California for any action to enforce these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Disputes
Any dispute relating in any way to your visit to Smokeacali.com or to products or services sold or distributed by SmokeaCali LLC or through SmokeaCali.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Los Angeles, County, California, and you consent to exclusive jurisdiction and venue in such courts.

Terms of Use Modifications
We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these terms or other policies means you accept all changes.

Other
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms of Use constitute the entire agreement and understanding between you and SmokeaCali LLC with respect to use of the website, superseding all prior or contemporaneous communications. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us
If you have any questions or comments about these Terms of Use or this site, please click here or write us at:

SmokeaCali LLC
330 W 11th St. #402
Los Angeles, CA 90015

Thank you for visiting SmokeaCali.com.